By:  Saunders                                          H.B. No. 852
       73R3010 MLR-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a stamp requirement to hunt upland game birds;
    1-3  providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 43, Parks and Wildlife Code, is amended
    1-6  by adding Subchapter Q to read as follows:
    1-7                 SUBCHAPTER Q.  UPLAND GAME BIRD STAMP
    1-8        Sec. 43.571.  DEFINITION.  In this subchapter, "upland game
    1-9  bird" means a migratory or nonmigratory game bird as defined by
   1-10  Sections 64.001 and 64.021 of this code.
   1-11        Sec. 43.572.  APPLICATION.  This subchapter applies only to
   1-12  the hunting of upland game birds for which:
   1-13              (1)  the department declares a hunting season; and
   1-14              (2)  there is no hunting stamp or special hunting
   1-15  permit required by this code other than the stamp required by this
   1-16  subchapter.
   1-17        Sec. 43.573.  UPLAND GAME BIRD STAMP REQUIRED.  No person may
   1-18  hunt upland game birds in this state unless the person has in that
   1-19  person's possession an upland game bird stamp issued to that person
   1-20  by the department.  A person younger than 17 years of age is not
   1-21  required to have an upland game bird stamp.
   1-22        Sec. 43.574.  DESIGN AND ISSUANCE OF STAMP.  (a)  The
   1-23  department or its agent may issue an upland game bird stamp to any
   1-24  person on the payment to the department of $10 or an amount set by
    2-1  the commission, whichever amount is more.  The stamp must be signed
    2-2  on its face by the person to whom it is issued for the stamp to be
    2-3  valid for hunting purposes.
    2-4        (b)  The commission shall prescribe by regulation the form,
    2-5  design, and manner of issuance of the upland game bird stamp.  The
    2-6  department shall retain the reproduction rights to the design.
    2-7        (c)  The commission may contract with and pay a person for
    2-8  designing and producing the upland game bird stamp authorized by
    2-9  this subchapter.
   2-10        Sec. 43.575.  HUNTING LICENSE REQUIRED ALSO.  The acquisition
   2-11  of an upland game bird stamp does not authorize a person to hunt
   2-12  upland game birds without having acquired a hunting license as
   2-13  provided by Chapter 42 of this code or authorize the hunting of
   2-14  upland game birds at any time or by means not otherwise authorized
   2-15  by this code.
   2-16        Sec. 43.576.  DISPOSITION OF STAMP FEES.  (a)  Fifty cents of
   2-17  the fee collected under this subchapter or an amount set by the
   2-18  commission, whichever amount is more, may be retained by the agent
   2-19  of the department, other than a department employee, as a
   2-20  collection fee.
   2-21        (b)  After deduction of any collection fee, the net receipts
   2-22  from stamp sales shall be sent to the department.
   2-23        (c)  The stamp sale net receipts may be spent only for
   2-24  research, management, and protection of upland game birds and for
   2-25  the acquisition, lease, or development of upland game bird habitats
   2-26  in the state.
   2-27        Sec. 43.577.  REFUSAL TO SHOW STAMP.  A person hunting upland
    3-1  game birds who refuses or fails on demand of any game management
    3-2  officer or peace officer to show a valid upland game bird stamp is
    3-3  presumed to be in violation of Section 43.573 of this code.
    3-4        Sec. 43.578.  PENALTY.  A person who violates Section 43.573
    3-5  of this code commits an offense that is a Class C Parks and
    3-6  Wildlife Code misdemeanor.
    3-7        SECTION 2.  This Act takes effect September 1, 1993.
    3-8        SECTION 3.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.